Court issues warrant for jailed Nakawa MP

PIC:Nakawa MP, Micheal Andrew Kabaziguruka. Photos/ Meddi Musisi

THE High Court in Kampala has issued a production warrant for jailed Nakawa MP, Micheal Andrew Kabaziguruka, currently battling treason charges at the Army Court in Makindye alongside 22 others.

Yesterday(Friday), Justice Patricia Basaza of the civil division of the High Court instructed the prison authorities at Kigo where he is currently remanded to produce him on August 26 to attend the hearing of his application in which he challenges trial at the Army court.

The production warrant was prompted by his lawyer, Ladislaus Rwakafuuzi who told court that it is prudent to hear the application in his presence.

Ladislaus Rwakafuuzi

"My Lord the applicant is not in court. We pray that court be pleased to issue a production warrant for him either this afternoon (Friday) or a sooner convenient date for court. " Rwakafuuzi said.

Adding, "This is his application and justice requires that he is present in court during the proceedings" he said.

State prosecutor who represented the Attorney General, George Kalemera did not reject the application.

Meanwhile the judge rejected Kalemera's application for written submissions on grounds that it was a simple case that could be easily handled in interactive form.

Recently, Kabaziguruka filed the application seeking a declaration that the General Court Martial has no jurisdiction to try him for offences of treason and offences relating to security.

Kabaziguruka argues that the application is meant to enforce his right to a fair trial guaranteed under articles 28(1) & 50(1) of the constitution.

The legislator also argues that he would not receive a fair trial if he is tried by the Army Court as it is particularly convened by the President as the chairperson of the High Command and; therefore, it (court) cannot be impartial or independent while trying political offences.

"The president has continued telling the public through various press conferences that Kabaziguruka wanted to kill him, which statements are alarming and false, but intended to clearly influence the outcome of the trial at GCM and; yet the president is not subject of being charged with contempt of court," according to the affidavit sworn by Kabaziguruka.

He also argues that the Constitution prohibits trial by a court or a tribunal that is not independent and subject to direction or control of any person. It also prohibits trial by a court that is not impartial.

His co-accused are: Capt Andrew Ojaa, Cpl Geofrey Idro, Cpl Richard Odama, Cpl Raymond Drachiri, L/Cpl Inyan Godgfrey, Pte Jacob Obua, Pte Christopher Omony, Pte Geofrey Amude, Pte Shafik Masembe, AIP Ferdinand Obulejo, Rtd Pte Bilal Asuman, Cpl Emmanuel Tibesigwa, Cpl Justine Elwelu, Pte Ibrahim Angola, Pte James Matagi, Pte Lucy Achan, Pte Paul Billy Oguti, Pte James Byamaka, Pte Ambrose Oonyu, Pte Benon Tugume, Rtd Pte Fredrick Namara and Musa Lutwama.